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NC S429

Bill

Status

Introduced

3/26/2013

Primary Sponsor

Harry Brown

Click for details

Origin

Senate

2013-2014 Session

AI Summary

  • Limits cumulative asbestos-related liabilities of successor corporations to the fair market value of the transferor's total gross assets at the time of merger or consolidation.

  • Defines successor as a corporation that assumes asbestos liabilities through merger, consolidation, or bankruptcy proceedings that became a successor before January 1, 1972.

  • Excludes from limitations workers' compensation benefits, non-asbestos claims, collective bargaining obligations, and successors that continue the asbestos business.

  • Allows fair market value of assets to be established through going concern value, purchase price in arms-length transactions, or balance sheet values, including intangible assets and liability insurance.

  • Adjusts the asset value cap annually by adding the prime rate plus one percent (non-compounded) until cumulative asbestos liabilities paid exceed the adjusted value; effective July 1, 2013.

Legislative Description

Limit Successor Asbestos-Related Liability

Last Action

Ref To Com On Judiciary I

3/27/2013

Committee Referrals

Judiciary I3/27/2013

Full Bill Text

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